There must be a contract to transfer for consideration any immovable property; the contract must be in writing, signed by the transferor, or by someone on his behalf; the writing must be in such words from which the terms necessary to construe the transfer can be ascertained; the transferee must in part performance of the contract take possession of the property, or of any part thereof; the transferee must have done some act in furtherance of the contract; and the transferee must have performed or be willing to perform his part of the contract
The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011.
In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA).
For the poll-bound Delhi government, it is a move to woo the lakhs of voters in these colonies, which are growing into a potential ground for real estate dealers.
Before the 2012 orders came into force, around 20 percent of registries were done through GPA transfers a common way of selling leasehold properties and those that don't have a clear title.
GPA can be defined as sales and registration of properties in areas like unauthorized colonies, where there is no documentation to execute a clear sale deed with transfer of title. For the poll-bound Delhi government, it is a move to woo the lakhs of voters in these colonies, which are growing into a potential ground for real estate dealers